Williams v Hunter New England Local Health District [2022] NSWSC 1042

Supreme Court New South Wales

Medium Neutral Citation: Williams v Hunter New England Local Health District [2022] NSWSC 1042 Hearing dates: 25 July 2022 Date of orders: 25 July 2022 Decision date: 25 July 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The Court approves the settlement pursuant to s 76 of the Civil Procedure Act 2005 (NSW) in accordance with the terms of the consent judgment dated 15 July 2022 (the consent judgment). (2) The Court makes orders in accordance with para 1 of the consent judgment. (3) The Court notes the agreement between the parties set out in paras 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the consent judgment. (4) In accordance with s 77 of the Civil Procedure Act 2005 (NSW), the Court orders the defendant to pay the judgment sum referred to in para 1 of the consent orders, less any authorised deductions for which the consent judgment provides, into the Court. Catchwords: CIVIL PROCEDURE — approval of settlement — by consent — whether the Court is satisfied that the settlement is beneficial to the person under legal incapacity — settlement approved Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Permanent Trustee Company Ltd v Mills (2007) 71 NSWLR 1; [2007] NSWSC 336 Somerset v Ley [1964] 1 WLR 640 Elderfield v Transport Accident Commission; [2010] VSC 116; (2010) 55 MVR 206 Category: Procedural rulings Parties: Shenai Williams by her tutor Lisa Williams (Plaintiff) Hunter New England Local Health District (Defendant) Representation: Counsel: M Cranitch SC with A Campbell (Plaintiff) J Sandford (Defendant)